cdTOCtest

strengthen the laws on public contracts, proscribes a
public servant from transacting business with himself or
a family member, or a business organization in which
either has an interest, while performing his official
functions on behalf of a governmental entity.

B. Applies to ownership interests greater than one percent

The statute does not apply to small capital holdings
of one percent or less of an interest in the capital or equity
of the business organization.

C. Need for special effect on public servant

Nor does the offense apply when the public servant
or his family derive no particular benefit from the
business transaction.

D. Grading

This is a fourth-degree offense.

BURGLARY AND BURGLAR’SBURGLARY AND BURGLAR’SBURGLARY AND BURGLAR’SBURGLARY AND BURGLAR’SBURGLARY AND BURGLAR’S

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I. SCOPE OF THE OFFENSE

Burglary is committed when someone (1) enters a

private structure or research facility or hides or remains in

a public structure or research facility when not

permitted, (2) to commit an offense. N.J.S.A. 2C:18-2

Burglary is a third degree crime. N.J.S.A. 2C:18-2b.

Burglary becomes a second degree crime when

defendant, while committing the burglary (1)

“purposely, knowingly or recklessly” threatens, attempts

or actually inflicts bodily injury to another, or (2) is

armed with or displays explosives or a deadly weapon.

N.J.S.A. 2C:18-2.

If the actor has the requisite intent to commit an

offense, the act of burglary is complete upon entry. State

v. Jijon, 264 N.J. Super. 405, 407 (App. Div. 1993), aff’d,

135 N.J. 471 (1994). See, e.g., State v. Robinson, 289 N.J.

Super. 447, 453 (App. Div. 1996), certif. denied, 146 N.J.

497 (1996). The intended offense does not have to be

actually committed to constitute a burglary. State v.

Robinson, 289 N.J. Super. at 453; State v. Jijon, 264 N.J.

Super. at 407.

A structure is defined as any building, room, motor

vehicle, boat, airplane, and any place of “overnight

accommodation” or business. N.J.S.A. 2C:18-1. The act

of breaking into a car for unlawful joyriding is a burglary

offense. State v. Jijon, 264 N.J. Super at 408; State v.

Martes, 266 N.J. Super. 117 (Law Div. 1993) (car is a

structure). A coin-operated laundry room of an unlocked

apartment complex was not open to the public and

constituted a private structure under the burglary

statute. State v. Berkley, 267 N.J. Super. 124 (Law Div.

1993).

The element of intent to commit an offense can be

satisfied with “any offense.” State v. Robinson, 289 N.J.

Super. at 453. A disorderly persons or petty disorderly

persons offense satisfies the intent element of burglary.

State v. Jijon, 264 N.J. Super. at 407; State v. Martes, 266

N.J. Super. at 117. The offense can be inferred from the

circumstances “that defendant’s purpose in entering the

premises was ‘inconsistent with [any] lawful conduct.’”

State v. Robinson, 289 N.J. Super. at 454 (quoting State v.

Tassiello, 75 N.J. Super. 1, 6 (App. Div. 1962), aff’d, 39

N.J. 282 (1963)); see State v. Robinson, 289 N.J. Super. at

447 (with lookout outside, defendant found entering